Contracts
Breach of Contract
Declaratory Judgment
KST Associates Inc., et al. v. Samuelsen
Published: Feb. 16, 2002 | Result Date: Oct. 11, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIN007748 Bench Decision – $162,221
Facts
In May 1998, the plaintiff gave the defendant a secured note in the amount of $100,000. Only
$60,000, however, was given by the defendant to the plaintiff at that time. Two years later, a
dispute arose over the principal amount of the original note. The plaintiff sued to reform the note.
The defendant cross-complained for a declaratory judgment and breach of contract.
Settlement Discussions
The plaintiff made a pretrial offer of $70,000. The defendant demanded $98,000. The court awarded $119,671 to the defendant on his cross-complaint, plus $42,549 in attorney fees and costs.
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